TERMS AND CONDITIONS
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website www.probikekit.com.au ('the Website') and your relationship with:
('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then pleasecontact us.
By using the Website you agree to be bound by these Terms.
We reserve the right to:
update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that:
the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
you are not impersonating any other person or entity. The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by e-mailing our customer service representatives at: firstname.lastname@example.org
5. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
any material which is defamatory, offensive or of an obscene character
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offense caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. You are limited to a purchase of 5 items of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
Certain high value items are not readily available from stock and require a production order to be placed on the supplier. Such items are identified on our Websites as Pre-order items. In order to secure supply of these items, prior to confirmation of your order we will require you to pay a deposit of the total order value. When ordering such items you agree that the expected delivery date can be variable. We will keep you informed by email of expected delivery times which in certain circumstances may be up to approximately twelve weeks.
10. Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.
If you wish to cancel a contract pursuant to this clause 10, then please see our Returns Policy for further details of how.
11. Price and Payment
All prices shown are inclusive of VAT (where applicable) and are correct at the time they are entered on to the system. We reserve the right, however, to change prices at any time without notice to you.
Orders with a delivery address outside the UK may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Please note that when shipping goods from outside of the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. If payment is to be made via a credit card a pre-auth value of �0.01 will be held against the card until the card issuer validates the payment.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours notice in advance of any reattempt to process payment by sending an email to the email address you have provided to is. If you do not want us to reattempt to process payment, you must cancel your order within 48 hours of us sending you this email.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
Unless expressly stated otherwise, all discount codes / offers are subject to a maximum discount value equivalent of £1 per 1% of discount (e.g. a 10% discount code is capped at a maximum discount of £10, a 20% discount is capped at a maximum discount value of £20 etc). From time to time and at our sole discretion, we may increase or decrease this cap for certain promotions.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes that are valid across the entire site exclude the following products - click here for the full list.
Please familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing or telephoning our customer service representatives at: email@example.com
12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
if an individual, be 18 years of age or over; and
register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorize us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
13. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
affect or limit your rights as a consumer under English law; or
will exclude or limit our liability for death or personal injury resulting from our negligence.The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
18. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
19. All Competitions
We reserve the right to amend these Terms without notice from time to time.
These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.
By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
Any person who is an employee or an immediate family member of an employee of any The Hut Group company or any other person who is directly connected with the organization of any particular competition is ineligible to participate.
Competitions are only open to residents of the UK (excluding Northern Ireland).
All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.
All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.
Entrants are liable for their costs to access computer networks.
We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.
We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.
If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.
Only one prize will be awarded per household.
There will be no cash or other alternative to the prize offered and prizes are not transferable.
The winner's name will be selected in a random draw, after the closing date, from all correct answers received.
The winner of a prize will be notified within 28 days after the winner has been ascertained.
Please allow 28 days for delivery of all prizes.
If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.
For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.
The names of the winners may be published on our Website and/or on our Facebook, Twitter or any other social media platform.
Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.
Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.
Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant The Hut.com Limited and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to The Hut.com Limited, including the execution of deeds and documents, at the request of The Hut.com Limited.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to The Hut.com Limited:
1. The content and material is accurate;
2. Use of the content and material you supply does not breach any applicable The Hut.com Limited guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify The Hut.com Limited for all claims brought by a third party against The Hut.com Limited arising out of or in connection with a breach of any of these warranties.
All reviews published, will be entered into a monthly prize draw, where a $160 voucher could be won to spend on ProBikeKit.
21. Multi-buy Offers
This offer applies only to qualifying items listed in the Multi-buy area of this Website.
Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multi-buy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.
22. Gift With Products Promotions
22.1 Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
22.2 In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to 'purchase' the free gift without purchasing the product it is provided free with and any attempt to 'purchase' the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is dispatched to you, you shall be obliged to return the free gift upon written request.
23. Referral Scheme
Subject to the terms set out below, you may earn ‘credit’ for use on this Website by referring a new customer(s) to us through our referral scheme by sharing the referral link and/or referral code we provide to you (the “Referral Scheme”). You are only eligible to participate as a ‘referrer’ in this Referral Scheme if you have previously placed an order on the Website.
A new customer is a natural person who has not previously placed an order with us (a "Referee"). If the Referee has an account on the Website but has not previously placed an order on the Website then they are entitled to participate in the Referral Scheme through the ‘referral link’ only. If the Referee already has an account on the Website then they will be unable to participate in the Referral Scheme using a ‘referral code’ (regardless of whether they have previously placed an order).
If the Referee has clicked through your referral link the discount code will automatically be applied at checkout. If the Referee is using a referral code, the Referee must enter this code at checkout.
For the avoidance of doubt, any credit generated from the Referral Scheme may only be spent on the Website and neither you nor the Referee is entitled to receive any payment of any kind in respect of the credit. The credit is not redeemable for cash. The credit that stands to your Referral Scheme account is not transferable in any way.
You will receive the applicable credit on your account 3 days after despatch of the Referee's order. If the Referee cancels their order for any reason within 3 days of it being despatched, you will not qualify for any credit. You will receive your credit in the default currency of the Website.
Any credit accrued through the Referral Scheme that has not been used within 6 months from the date of accrual will expire.
The Referee must place an order with a value of at least the minimum value as stated on the Website from time to time.
Subscription products are excluded from the Referral Scheme.
If you are participating in the Referral Scheme, you undertake to do this on a personal basis and not share your referral code in any affiliate schemes, blogs, cash-back offers and/or any other promotions of this nature.
We may, in our sole discretion, withdraw your credit generated from the Referral Scheme and/or close your account, at any time if we believe or suspect that your use of the Referral Scheme is fraudulent, misleading or contrary to these terms. This includes, but is not limited to, posting your referral code on social sites.